TERMS OF USE WEBSITE UPPER DECK B.V.
Upper Deck International B.V., with its registered office at Flevolaan 15, Weesp (1382 JX), the Netherlands, listed at the Chamber of Commerce and Industry under number 33299245, and its affiliates, provides its services to its customers and users of this website, subject to the following Conditions of Use. Any person who visits or shops at the website of Upper Deck accepts these Conditions of Use. Unless otherwise agreed in writing, Upper Deck recognise, with full exclusion of others, only these Conditions of Use. The customer must read this Conditions of Use carefully and should review the Privacy Notice as well, which also governs any visit to the website of Upper Deck, to understand its practices. When a customer visits the website of Upper Deck or sends e-mails to us, the customer is communicating electronically. He consents to receive communications from Upper Deck electronically. Upper Deck will communicate with the customer by e-mail or by posting notices on this website. The customer agrees that all agreements, notices, disclosures and other communications that Upper Deck provides to the customer electronically satisfy any legal requirement that such communications be in writing.
CUSTOMER’S ACCOUNT
The customer using this website is responsible for maintaining the confidentiality of his account and password and for restricting access to his computer, and agrees to accept responsibility for all activities that occur under his account or password. Upper Deck does sell products for children, but it sells them to adults, who can purchase with a credit card. If the customer is under 18, he may use Upper Deck only with involvement of a parent or guardian. Upper Deck and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
LINKS TO THIRD PARTY WEB SITES
This website may include links to third party internet websites which are controlled and maintained by others. These links are included solely for the convenience of users and do not constitute any endorsement by of the sites linked or referred to, nor does Upper Deck have any control over the content of any such websites.
PRICE AND AVAILABILITY OF TITLES
Upper Deck attempts to be as accurate as possible. However, Upper Deck does not warrant that product descriptions or other content of this website, such as prices and availability of the titles, is accurate, complete, reliable, current, or error-free. Price and availability information may change without notice.
COMPLIANTS
If a product offered by Upper Deck is not as described, the sole remedy of the customer is to return it in unused and/or unopened condition. Upper Deck will then send the customer another version as soon as possible.
COPYRIGHT
This website is owned and operated by Upper Deck and the information and materials appearing on this website (the “Content”) are displayed for personal, non-commercial use only. All software used on this website and all Content included on this website (including without limitation website-design, text, graphics, audio and video and the selection and arrangement thereof) is the property of Upper Deck or its suppliers and is protected by international copyright laws.
None of the Content may be downloaded (other than page caching), copied, reproduced, republished, posted, transmitted, stored, sold or distributed without the prior written permission of the copyright holder. This excludes the downloading of one copy of extracts from the website on any single computer for personal, non-commercial home use only, provided that all copyright and proprietary notices are kept intact. Modification of any of the Content or use of any of the Content for any purpose other than as set out herein (including without limitation on any other website or computer network) is prohibited. Requests to republish any of the Content and to use quotations or extracts from any books published by Upper Deck should be addressed to the address set out above.
The customer may not use any meta tags or any other “hidden text” utilizing Upper Deck’s name or trademarks without the express written consent of Upper Deck. Any unauthorized use terminates the permission or license granted by Upper Deck. The customer is granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of Upper Deck so long as the link does not portray Upper Deck, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. The customer may not use any Upper Deck logo or other proprietary graphic or trademark as part of the link without express written permission.
The Upper Deck names and logos are registered trademarks.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
Upper Deck makes no representations or warranties of any kind, express or implied, as to the operation of this website or the information, content, materials, or products included on this website. The customer expressly agrees that his use of this website is at his sole risk.
To the full extent permissible by applicable law, Upper Deck disclaims all warranties, express or implied, including, but not limited to, implied warranties or merchantability and fitness for a particular purpose. Upper Deck does not warrant that this website, its servers, or e-mail sent form are free of viruses or other harmful components. Upper Deck will not be liable for any damages of any kind, arising from the use of this website, including, but not limited to direct, indirect, incidental, punitive and consequential damages. Upper Deck does not warrant that the products do not make an infringement on copyright or any other intellectual property rights of third parties or do not constitute a wrongful act.
APPLICABLE LAW AND CHOICE OF FORUM
All agreements between Upper Deck and the customer to which these Conditions of Use apply shall be subject solely to Dutch law. All disputes arising from all agreements shall, insofar as necessary, be submitted to the competent court in the District of Amsterdam.
PRIVACY POLICY
In general, people may visit this website while remaining anonymous and not revealing any personal information. Upper Deck does use “cookie” technology to obtain non-personal information from its on-line visitors, and to provide customization options at login, or to keep track of where you are in this website in order to provide the correct customization options when you use this website. In addition, you may be required to provide certain personal information, such as your name, address, and email, before you can participate in certain portions of this website. Upper Deck does not, without your permission, sell to third parties information you have submitted to this website that identifies you personally.
Upper Deck collects information on what pages are accessed or visited by the customer, as well as information volunteered by the customer, such as survey information and/or website registrations. Upper Deck uses this information for internal review, in order to improve the content of the website and to notify the customer about updates to the website.
Upper Deck guarantees that if the customer supplies his postal address on-line he will only be sent the information for which he provided his address but if the customer do not wish to receive e-mail from Upper Deck in the future, or if the customer wishes to be removed from mailing lists, please let Upper Deck know by sending an e-mail or writing to the address set out above or http://www.upper deck.com.
CONTACTING THE WEB SITE
If you have any questions about this privacy statement, the practices of this website, or your dealings with this website, you can contact the Manager at the following address and email:
Manager, Website Strategy & Operations
Upper Deck International B.V.
Flevopark 15
1382 JX WEESP
The Netherlands
web@upperdeck.com
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our privacy policy as well, posted on this website. This policy also governs the visit of the customer to the website of Upper Deck. Upper Deck reserve the right to make changes to its website, policies, and these Conditions of Use at any time. Upper Deck ensures that a note of the date and clause number of any such amendments will be included as part of these Conditions of Use. Any changes will be posted to this page and it is the responsibility of the customer as a user to ensure that he is aware of any such changes from time to time. Changes will become effective 24 hours after first posting and the customer will be deemed to have accepted any change if you continue to access the website after that time. If any of these Conditions of Use shall be deemed invalid, void, or for any reason unenforceable, that Condition of Use shall be deemed severable and shall not affect the validity and enforceability of any remaining Condition of Use.